GXO Logistics Can’t Enforce Noncompete on Ex-Employee, Yet (1)

GXO Logistics Inc. can’t prevent a former c-suite executive from working at a competitor until his noncompete expires because it failed to show he performed competitive services, a North Carolina federal court ruled.

The third-party logistics provider alleged its former Chief Operating Officer of the Americas and Asia Pacific division, Marvin Cunningham, breached his contract when he took a position at Prologis Inc. to lead its expansion into workforce solutions, according to the court’s ruling. GXO filed a motion for a temporary restraining order and preliminary injunction seeking to prevent Cunningham from taking the job because he would be participating ...